News : ATO

Administration, ATO, Compliance, Regulation, SMSF

Active member test hinges on contributions

Active member test Contribution SMSF Residency ATO PBR

An SMSF can still meet the active member test if a trustee leaves Australia for an extended period, but the fund’s complying status will depend on contributions made during that time.

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Administration, ATO, SMSF

Avoid copycat SMSF names

ATO SMSF Name Super Fund Lookup ABN Establishment

The ATO has advised the name given to an SMSF should be sufficiently different from that of any other super fund to avoid delays in its establishment and operation.

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ATO, Compliance, Crypto Assets, SMSF

ATO monitoring crypto tax reporting

ATO SMSF Annual return Cryptocurrency

The ATO is conducting a data-matching project to ensure SMSFs and investors accurately report cryptocurrency sales in their annual returns.

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Administration, ATO, Compliance, SMSF

ATO issues end-of-year reminders

ATO SMSF SAR SMSF annual return Concessional contribution cap Non-concessional contribution cap Minimum pension payment

SMSF trustees have been reminded to check the accuracy of their fund details on the SMSF annual return before lodging and ensure they pay members the minimum pension amount by 30 June.

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ATO, Compliance, Contributions, SMSF

Deduction notice reminder issued

ATO SMSF Contribution deductions Notice of intent

The ATO has reminded SMSF members they cannot claim a deduction for personal contributions without informing their fund, which must acknowledge the course of action.

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Administration, ATO, Compliance, SMSF

Retirement means major work change

Gainful employment ATO Retirement condition of release

To meet the definition of retirement and satisfy a condition of release, an individual’s employment arrangement must change significantly.

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ATO, SMSF

Middle-to-higher incomes boosting SMSF growth

ATO SMSF Fund Establishments Asset allocations SMSF quarterly fund statistics

The March quarter saw more men and women with higher incomes establishing SMSFs, potentially reversing a trend of lower-income investors setting up funds.

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AAT, ATO, Compliance, Legislation, Regulation

Disqualification overturned despite breaches

AAT ATO Trustee disqualification SMSF Gordon Merchant

The AAT has overturned the disqualification as trustee of the founder of Billabong despite several breaches of superannuation laws.

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Administration, ATO, Compliance, Regulation, SuperStream

Rollover timeframes work against trustees

SMSF Rollover Wind up SuperStream

SMSF trustees will continue to experience issues with rolling assets from a fund using SuperStream within the required timeframe due to unchanged limits in the system.

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AAT, ATO, Compliance, NALI/NALE, SMSF

CAANZ calls for NALI clarity

NALI AAT ATO BPFN and Commissioner

It has been recommended the ATO update its non-arm’s length income guidance after one of its rulings was overturned by the AAT last year.

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